Assembly Bill A11334

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11334
 
                           I N  A S S E M B L Y
 
                               May 11, 2026
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
   read once and referred to the Committee on Higher Education
 
 AN  ACT  to amend the education law, in relation to expanding collabora-
   tive drug therapy management; and to amend chapter 21 of the  laws  of
   2011 amending the education law relating to authorizing pharmacists to
   perform  collaborative  drug  therapy  management  with  physicians in
   certain settings, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section   1. Paragraph d of subdivision 1 and subdivision 4 of section
 6801-a of the education law, as amended by chapter 238 of  the  laws  of
 2015, are amended to read as follows:
   d. "Facility" shall mean: (i) a teaching hospital or general hospital,
 including  any  diagnostic  center,  treatment center, or hospital-based
 outpatient department as defined in section twenty-eight hundred one  of
 the public health law; [or] (ii) a nursing home [with an on-site pharma-
 cy  staffed  by  a  licensed pharmacist]; (III) A PHYSICIAN PRACTICE; OR
 (IV) A FACILITY LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED PURSUANT TO
 ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO  OF  THE  MENTAL  HYGIENE  LAW,
 provided,  however, for the purposes of this section the term "facility"
 shall not  include  dental  clinics,  dental  dispensaries,  residential
 health care facilities and rehabilitation centers.
   For  the  purposes of this section, a "teaching hospital" shall mean a
 hospital licensed pursuant to article twenty-eight of the public  health
 law  that  is  eligible  to  receive direct or indirect graduate medical
 education payments pursuant to article twenty-eight of the public health
 law.
   4. The existence of a written agreement or protocol  on  collaborative
 drug therapy management and the patient's right to choose to not partic-
 ipate in collaborative drug therapy management shall be disclosed to any
 patient  who  is  eligible to receive collaborative drug therapy manage-
 ment. Collaborative drug therapy management shall not be utilized unless
 the patient or the  patient's  authorized  representative  consents,  in
 writing,  to such management. If the patient or the patient's authorized
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15789-01-6
 A. 11334                            2
 
 representative consents, it shall be  noted  on  the  patient's  medical
 record.  If  the  patient or the patient's authorized representative who
 consented to collaborative drug therapy management chooses to no  longer
 participate  in  such  management, at any time, it shall be noted on the
 patient's medical record. PATIENT CONSENT TO PARTICIPATE  IN  COLLABORA-
 TIVE  DRUG THERAPY MANAGEMENT MAY BE OBTAINED THROUGH THE SAME PROCESS A
 FACILITY CURRENTLY UTILIZES TO  RECEIVE  GENERAL  WRITTEN  CONSENT  FROM
 PATIENTS  TO RECEIVE HEALTH CARE SERVICES. In addition, the existence of
 the written agreement or protocol and  the  patient's  consent  to  such
 management shall be disclosed to the patient's primary physician and any
 other treating physician or healthcare provider.
   §  2. Section 5 of chapter 21 of the laws of 2011, amending the educa-
 tion law relating to authorizing pharmacists  to  perform  collaborative
 drug  therapy management with physicians in certain settings, as amended
 by section 2 of part P of chapter 57 of the laws of 2024, is amended  to
 read as follows:
   § 5. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law[, provided, however, that the provisions of
 sections two, three, and four of this act shall  expire  and  be  deemed
 repealed July 1, 2026]; provided, however, that the amendments to subdi-
 vision  1  of  section  6801 of the education law made by section one of
 this act shall be subject to the expiration and reversion of such subdi-
 vision pursuant to section 8 of chapter 563 of the laws  of  2008,  when
 upon  such  date  the provisions of section one-a of this act shall take
 effect; provided, further, that  effective  immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its  effective  date  are  authorized  and
 directed to be made and completed on or before such effective date.
   § 3. This act shall take effect immediately.